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A fully repaired car can still be worth less than it was the day before an accident, simply because of its history. Texas law recognizes this loss as its own separate category of damages, distinct from the cost of the repairs themselves.
What Is A Diminished Value Claim?
A diminished value claim recovers the gap between your vehicle’s market value immediately before an accident and its value after repairs are completed. The Texas Supreme Court confirmed this measure of damages in Thomas v. Oldham, which remains the controlling authority on this type of property damage claim.
Why Does A Car Lose Value Even After A Perfect Repair?
Accident history shows up on vehicle history reports like Carfax, and buyers and dealers consistently pay less for a car with a documented accident, regardless of how well it was actually repaired. This stigma based loss exists independent of any visible or functional problem with the repaired vehicle.
Does Diminished Value Come In More Than One Form?
Yes. Inherent diminished value reflects the accident history stigma even after quality repairs. Kelso Law walks clients through all three categories to make sure none of them get left out of a claim. Repair related diminished value reflects a loss caused by substandard repair work itself. Immediate diminished value refers to the loss in the moments right after the crash, before any repairs have even occurred.
Who Is Responsible For Paying A Diminished Value Claim?
Because Texas operates as an at fault state, the driver who caused the accident is generally responsible for the diminished value loss, and this claim is typically pursued against that driver’s liability insurance rather than your own policy.
Does Your Own Insurance Cover Diminished Value?
Usually not. Most standard collision or comprehensive policies do not cover diminished value on your own vehicle when you are the one at fault. This type of claim generally only applies when pursuing the at fault driver’s insurance for damage they caused.
What Evidence Supports A Strong Diminished Value Claim?
Because insurers routinely undervalue or dispute these claims, gathering solid documentation matters considerably:
- A professional diminished value appraisal from a qualified appraiser
- Complete repair records and invoices documenting the work performed
- Market comparisons showing similar vehicles without accident history
- Photos documenting the vehicle’s condition before and after repairs
How Does This Apply To An Irving Car Accident Claim?
Because insurers rarely raise diminished value on their own, pursuing this claim generally requires actively asserting it against the at fault driver’s insurer. An Irving car accident lawyer can help document your vehicle’s diminished value and pursue it alongside your other damages.
How Long Do You Have To File This Type Of Claim?
Texas generally allows two years from the date of the accident to pursue a diminished value claim, the same deadline that applies to most other property damage claims. An Irving car accident lawyer can help make sure this claim is properly documented and filed within that window.
Diminished value is a real, recognized loss under Texas law, but insurers rarely bring it up on their own, which is exactly why asserting it directly matters. If your vehicle lost value after an accident in Irving, reach out to our office to go over what this claim might be worth in your situation.
